Legal Opinion

Hill, in Re

Court of Appeals of Texas

Decided December 9, 1980No. 20719PublishedCited by 1 opinion

1Opinion of the Court

AKIN, Justice.

In this writ of habeas corpus proceeding, relator contends that the order finding him in contempt is void because an award of property in a divorce decree is not an order to pay and because the divorce decree upon which the commitment order is predicated fails to state when, where and to whom payments are to be made. We agree with both contentions and hold that the commitment order is void because the commitment order violates due process. Accordingly, relator is discharged.

Relator and petitioner were divorced February 14, 1978. The divorce decree awarded one-half of relator’s…

2Cases cited3 opinions

  1. Ex Parte SlavinTexas Supreme Court · 1967
  2. Ex Parte AndersonCourt of Appeals of Texas · 1976
  3. Ex Parte FilemyrCourt of Appeals of Texas · 1974

3Cited by1 opinion

  1. Ex parte JohnsonCourt of Appeals of Texas · 1985

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